Tex. Est. Code § 308.051 · Subchapter B. NOTICE TO CLAIMANTS
REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Within one month after receiving letters testamentary or of administration, a personal representative of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law by:
(1) having the notice published in a newspaper of general circulation in the county in which the letters were issued; and
(2) if the decedent remitted or should have remitted taxes administered by the comptroller, sending the notice to the comptroller by a qualified delivery method.
(b) Notice provided under Subsection (a) must include:
(1) the date the letters testamentary or of administration were issued to the personal representative;
(2) the address to which a claim may be presented; and
(3) an instruction of the representative's choice that the claim be addressed in care of:
(A) the representative;
(B) the representative's attorney; or
(C) "Representative, Estate of __________" (naming the estate).
(c) If there is no newspaper of general circulation in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by this title.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 27, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 29, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.308.htm
- Text hash
- sha256 4776b21f71ffb4dc3f835677fcbf5d2f4779db8d99d83415e4e1a81a4b4c7fb1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Est. Code § 308.051. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 308.052PROOF OF PUBLICATION.Printed as Section 308.051(a)(1)
- Tex. Est. Code § 308.055ONE NOTICE SUFFICIENT.Printed as Section 308.051 or 308.053
- Tex. Est. Code § 308.056LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.Printed as Section 308.051 or 308.053
- Tex. Est. Code § 403.051DUTY OF INDEPENDENT EXECUTOR.Printed as Sections 308.051 and 308.053
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.